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HomeMy WebLinkAboutBP 77-227; Jung, Hing; 77-246935; Future Improvement Agreement/Release. . . . . 12, _.~ ~-.. -_ S.% -.*r .- _--. - --.._ -. ..^ ,. . -sa*.*:s . I j r) A 1 . 323 - . *RECORDING REQUESTED BY AND 1 ’ RLeORoEbREOU%sTOf WHEN RECORDED MAIL TO; 1 ADDRESSEe - City of Carlsbad 1 - 1200 E lm Avenue JUN 22 8 26 Ml “‘1 i Carlsbad, CA 22008 OFFICIAL. RBCQR46 SAN DIE04 COUWr’. CALU . HARLEY F. FrbOOn kEC4WbER Space above this line for Recorder’s * use . NO FEE . . Documentary, transfer tax: $No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 210-112-07' . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the C’ity of Carlsbad, a municipal corpora t ion, hereinafter referred to as “City”, and Hing PI. Jung, a widower ty Owner’.. , hereinafter referred to as “Proper- RECITALS: - WHEREAS, Property Owner has applied to City for a Building Permit ,77-227 for the real property hereinafter described, now under Property Owner’s . ownership; and .* . WHEREAS, it’has ‘been’found that said property is not suitable ’ for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication . are made ‘to City; and .- _--- . : _ . . .._ WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain improvements and dedications as a condition of approval of this Building Permit; and WHEREAS, Property Owner has requested said Building Permit be granted by City in advance of the time said improvements are to be made; and . WHEREAS, Property Owner, in consideration of the approval of * I . rl \ . . . \ . . 324 .a said Building Permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said consftruct ion; . NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: . Section 1.’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-227 Sect ion -2. That Property Owner, in lieu of making the herein- ‘. ; ‘, after described improvements *before approval of said Building Permit is granted, agrees to-install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifi- cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be requi red to make said improvements before July 15, 1978 qr within such further period of time as is granted by City, provided, however, that upon the happening . of either of the following occ urrences said improvements may, at the sole , election of City, be required to be made sooner than said date or such ;. _. ;: extended period of time which may have been granted .by City: . (a) When the City Counci 1 finds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between inter- setting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to i.nstall street improve- ments to City specifications, . (b) .When owners of more than 5O%,of the frontage, between . .- : intersecting streets on both sides of the street upon which the property herein described has frontage, have petitioned the City to form an ,; - improvement district for the improvement of said streets. ‘Said improvements sha1.1 be made without cost or expense to - city. City estimates that the cost of engineering and construction of . . I . said improvements at the time .of signing this contract is $988.00 . ; Property Owner hereby acknowledges‘ that said cost. is a reasonable estiiraate of engineering and co,?struction costs at this time and that the . r- actual cost of same at some time tn the future may exceed thts estimate. Sect ion 3. That for the faithful performance of ‘the promjses (2) . ‘1 . . , - . . 32s and covenants herein contained, Property Owner hereby grants to City a 15’en upon the hereinafter described property in the.amount of $988=00 ) plus any future increases of cos.t in excess of this sum resulting from increased engineering and construction cost.s, and in the event Property Owner, his successors, heirs, assigns, or transferees fa.il to install an’d construct said improvements in the manner and within the time speci- fied herein, he agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements done, and install and construct said improvements by contract or other- wise. City or its contractor and his employees may enter upon any portion or portions of the property reasonably necessary for said . engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, his successors, heirs, assigns, or transferees immediately upon completion of said improvements, Inthe. event same is not paid within 30 days from completion, ‘C’ity may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary *~:;+2 ineering, ;-g and the work required to install and construct said. improve- ment s , and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically referred. to herein), for the foreclosure of a 1 ien, and the P;roperty Owner, his successors, heirs, assigns, and transferees, shall be liable for reasonable attorney’s fees as a cost in said*proceedings. .Section ii. That it is agreed that ,anything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase: money mortgage or purchase money deed of trust for value which has been or may in the’futur e be executed by the Property Owner, his successors, heirs, assigns, or transferees, and the lien hereby created . shall be and is hereby subordinated to and declared to be inferior and ., subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property here- t Inafter descrlbcd is acquired by or as a result of a fore$losure or (3) . .-- -- -___ -A se_ _ __Lr_. . . . . . . -. . . 326 ” trustees’ sale of any such purchase money mortgage or purchase money deed of trust, . . Sect ion 5. That 8t any time during the period herein.provided, the Property Owner, his successors, heirs, .assigns, or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge sa,id surety kith the cost of said improvements; the amount o.f bond to be the estimated cost of engineering and improvements at the t?lme of such deposit or posting as ascertained by t.he City Engineer, an! that upon deposit of said cash or posting of said bond the City agrees ts release the property, or any portion of it as to which said , ‘.. . .“! deposit or posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record title of the pro- perty tc be released from the lien herein imposed. Sect ion 6. Said City shall not, nor shal 1 any officer or employee thereof, be liable or responsible for any accident, loss or : damage happen.ing or occurring to the work or improvements specified in - this agreement prior to the completion and acceptance of the same, nor .shall said City, nor any officer or employee t,hereof, be 1 iabie for +rii~$ persons or property injured by reason of said work or improvements, . s but all of said liabilities shall be assumed by said Property Owner, and, his successors, heirs,‘assigns,’ and transferees, and they shall save the ’ City harmless from, and indemnify the City against, any’ and all claims, sn3ts a,nd liabilities of or to any person or property injured or claim- ing to be injured as a result of said work or improvementsi Said Pro- I perty Owner, and h’is success’ors, heirs, assigns, and transferees, further agrees to protect said City and the officers and employee& thereof from all liability or claim because of, or arising out of, the: use of any patent or.patented article in the construction of said Improvements. Section 7. it is further agreed that said Proplerty Owner will at %li times up to the completion and acceptance of said bark and im- , provements by the City, give good and adequate warning to the traveiing pub1 ic of any dangerous or defective conditions of pub1 ic’ property. The. . . Property Owner hereby agrees to pay for such inspection off improvements as may be required by the City Engineer of City. L Sect ion 8. This agreement and the covenants conta-ined herein . shall be blndinq upon and Inure to the benefit of the sudcessors, heirs, ( 4 1 I 4 ,I) ‘I ‘- . . 32”1 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. ‘: Sect ion 9. A description of the property referred to herein and upon which said lien is imposed-is desiribed as follows: L&i_40 of Terramar Unit lFJo. 5, according to the Map thereof No. 3371, filed in th?z! office of the County Recorder of San Diego County, February 10, 1956. xx- . . xx . . xx ? . xx . . . .L . . . . . . . ..‘.i . . 4 :. xx (51 xx r . . . . . . . . . -- ‘,x- I . * , , , 1 .’ . . . 3254 . . . Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: I Improvements 9 . . . Estimated Costs $ 988.00 . TOTAL COST $ 988.00 Property Owner 1. 941.s.f. of 4" PCC sidewalk CITY OF CARLSBAD, a Municipal Corporation of the State of STATE OF CALIFORNIA ) ) ss. COUiVTY OF SAN DIEGO ) I On rJlU#vE ao, 1977 before me the undersigned, a Notary Public in and for said State, pe&onally appeared Paul' D. Bussey, known-to me to be the City Manager of-the City-of-Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. a . . WITNESS my hand and official seal. : w Notary' Public APPROVED AS TO FORM: . City Attorney V’ QBPlClAL SEAL NORA K. GARDINER 1 NOTARr Wt3LIC-CALIF. \ PRINCIPAL OFFICE IN \ SAN DIEGO COUNTY 1 i MY COMMISSION EXPIRES JAN. ii, 1980 1 ---E*-~*Z~rE--Ea--~ (Notarial acknowledgement of execution of owners must be attached). -6- - TITLE INSURANCE AND TRUST TO 1944 CA (8.74, (Individual) STATE OF CALIFORNIA COUNTY OF San Diego t On June 6, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared Hing N. Jung . known to me I ~“““““““““‘111111111111(11111111,,,l,” ,,,,,,” 1,111, I ,,,,,,,,,,,,” ,,,,,,,,,,, I ,,,,, uI OWCIAL Su\L - 1 to be the person___ whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. 2 z 3 1 Em LYNNE RIEMER g g B s NOTARY PUBLIC CALIFORNIA f PRlNClPAL OFFICE IN g B 2 SAN DIEGO COUNTy MY CommiSSiOn Expires Feb. 7, 1981 f ~u~~l~lll~lllllluullIIIIIIIIuIIIIIu(IIII, I Signature I (This mea for official notarial seal)